Please read these Terms and Conditions ("Terms") carefully before using the Gymzer mobile application and related services (the "Service"), operated by Gurnser Limited, a New Zealand registered company. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
These Terms constitute a legally binding agreement between you ("User", "you", "your") and Gurnser Limited (trading as "Gymzer") ("we", "us", "our"). By downloading, installing, or using the Gymzer application, you confirm that:
We reserve the right to modify these Terms at any time. We will notify you of material changes via in-app notification or email. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
Gymzer is a mobile application that provides:
The Service is provided on an "as is" basis and may change over time. We do not guarantee that any specific feature will be available permanently.
You must be at least 18 years of age to use Gymzer. By using the Service, you represent and warrant that you are 18 or older. If we discover that a user is under 18, we will immediately terminate their account and delete all associated data.
You may not use the Service if you have previously been banned from Gymzer or if you are prohibited from doing so under applicable law.
To use most features of Gymzer, you must create an account. You may register using your email address and password, or via Google OAuth. You agree to:
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to:
We are not liable for any loss or damage arising from unauthorised access to your account resulting from your failure to take adequate security precautions.
The following fields are mandatory and must be accurate: name, username, age, gender, location (general text), profile photo, and fitness level. Providing false information in these fields, particularly age or identity, is a material breach of these Terms and may result in immediate account termination.
You must not use the Service to:
"User Content" means any text, images, videos, or other material you submit to the Service, including posts, lift records, profile information, comments, and chat messages.
By submitting User Content, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content solely for the purpose of operating, improving, and promoting the Service. This licence ends when your content is deleted from the Service.
By submitting User Content, you represent and warrant that:
We reserve the right (but not the obligation) to review, monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate. Removal of content does not create liability on our part.
You must not post User Content that:
You represent that lift weights, personal records, and other fitness data you post are accurate to the best of your knowledge. Posting intentionally falsified fitness metrics does not result in legal liability but may result in account action under our Community Guidelines.
The matchmaking feature attempts to connect three users who are searching for workout partners at the same time, based on shared gyms (gym mode) or physical proximity (radius mode), along with compatibility filters. We do not guarantee that a match will be found or that any match will result in a successful workout session.
By using the matchmaking feature, you consent to your current GPS location being temporarily stored in our matchmaking queue and shared with our matching algorithm. Your coordinates are not directly disclosed to other users. Only gym name and general area information may be visible to your match group.
Gymzer is a fitness partner platform, not a dating application. The matchmaking feature is designed solely to connect users for gym workouts. Using the matchmaking feature for romantic solicitation, sexual harassment, or any purpose other than finding workout partners is a violation of these Terms and may result in immediate account termination.
The gym search feature uses the Google Maps Platform to provide information about nearby fitness facilities. We do not own, operate, endorse, or have any affiliation with the gyms returned in search results. Information about gyms (name, address, rating, hours, phone number) is sourced from Google and may not always be accurate or up to date. You should verify gym information directly with the facility before visiting.
Gym search is subject to the same daily rate limits as matchmaking (1 search/day for free users; 10/day for Premium users).
Gymzer Premium ("Premium") is a paid subscription that provides:
Premium is offered on a recurring subscription basis (e.g. monthly or annually). By subscribing, you authorise us and/or Apple or Google to charge the applicable subscription fee to your payment method on a recurring basis at the start of each billing period, until cancelled.
Subscriptions are managed through:
Billing, payment processing, and receipt of payment are handled entirely by the relevant app store. We do not directly collect or store your payment card information.
We may offer a free trial period for Premium. The trial period and its terms will be disclosed at the time of subscription. If you do not cancel before the trial period ends, you will be charged the applicable subscription fee. Only one free trial per user or Apple/Google account.
You may cancel your Premium subscription at any time through your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period; you will retain Premium access until that date. Cancellation does not entitle you to a pro-rata refund for the unused portion of your subscription period, except as required by applicable law or the policies of Apple/Google.
All purchases are final and non-refundable except:
For refund requests relating to App Store purchases, please contact Apple Support. For Google Play purchases, please contact Google Play Support. We have limited ability to issue refunds outside these platforms.
We reserve the right to change subscription pricing at any time. We will give you reasonable advance notice of price changes. Continued use of Premium after the price change takes effect constitutes your agreement to pay the new price.
If your subscription expires, is cancelled, or billing fails, your account will revert to the free tier. Premium features will no longer be accessible. Any matchmaking preferences set as a Premium user will remain saved but will not be applied to searches until Premium is reactivated.
The Gymzer application, including its design, code, graphics, user interface, trademarks, logos, and all content created by us, is owned by or licensed to Gymzer and is protected by intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our intellectual property without our prior written consent.
You retain ownership of all User Content you submit. The licence you grant us (Section 6.2) does not transfer ownership of your content to us.
If you believe that your copyrighted work has been posted on the Service without authorisation, please contact us with the following information: (a) a description of the copyrighted work; (b) the URL or location of the allegedly infringing content; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorised; and (e) a statement under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorised to act on their behalf. We will promptly investigate and, where appropriate, remove infringing content.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please read the Privacy Policy carefully to understand how we collect, use, and disclose your personal data. By using the Service, you consent to our data practices as described in the Privacy Policy.
You can block other users at any time. Blocked users cannot interact with you via messages, matchmaking, or social features. Blocking is mutual — you will also not appear in their matches or searches.
You can report content or users who you believe violate these Terms. We will investigate all reports in good faith and take appropriate action, which may include content removal or account suspension.
We reserve the right to, at our sole discretion and without prior notice:
Account termination for breach of these Terms does not entitle you to a refund of any subscription fees paid.
You may delete your account at any time through the app settings. Account deletion is permanent and will result in the deletion of all your data as described in our Privacy Policy. Any active subscription must be separately cancelled through your Apple or Google account to stop future billing.
We may suspend or terminate your account immediately if we determine that you have violated these Terms, engaged in fraudulent activity, or if required by law. We may also terminate accounts that have been inactive for an extended period, with reasonable notice where possible.
Upon termination, your right to use the Service ceases immediately. We will delete your personal data in accordance with our Privacy Policy. Provisions of these Terms that by their nature should survive termination (including Sections 6.2, 10, 14, 15, 16, and 17) will continue to apply.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
WE DO NOT GUARANTEE THAT THE MATCHMAKING FEATURE WILL FIND YOU A WORKOUT PARTNER OR THAT ANY MATCH WILL RESULT IN A SUCCESSFUL OR SAFE GYM SESSION.
GYMZER IS A SOCIAL PLATFORM, NOT A FITNESS OR MEDICAL SERVICE. NOTHING ON THE SERVICE CONSTITUTES MEDICAL, FITNESS, OR HEALTH ADVICE. ALWAYS CONSULT A QUALIFIED HEALTH PROFESSIONAL BEFORE BEGINNING ANY NEW EXERCISE PROGRAMME. WE ARE NOT RESPONSIBLE FOR ANY INJURY, ILLNESS, OR HEALTH CONDITION THAT MAY ARISE FROM WORKOUTS YOU UNDERTAKE AFTER USING THE SERVICE.
We are not responsible for the accuracy, completeness, or legality of content posted by users or information provided by third-party services (including gym information from Google Maps).
We are not responsible for the conduct of users on or off the platform. Any disputes between users must be resolved directly between those users. We strongly encourage you to exercise caution when meeting people you have connected with through Gymzer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GYMZER, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS (NZD $100 OR EQUIVALENT).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to indemnify, defend, and hold harmless Gymzer and its owners, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.
We encourage you to contact us first if you have a concern or dispute. Most disputes can be resolved informally. If a dispute cannot be resolved informally, you and Gymzer agree to submit to the exclusive jurisdiction of the courts of New Zealand.
Nothing in these Terms limits any statutory rights you may have as a consumer under applicable law, including the Consumer Guarantees Act 1993 (New Zealand), the Fair Trading Act 1986 (New Zealand), or similar consumer protection legislation in your jurisdiction.
If you download the app from the Apple App Store, the following additional terms apply:
If you download the app from Google Play, the following applies: these Terms are between you and Gymzer only, not with Google LLC. Google is not responsible for the app or its content.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Gymzer regarding your use of the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
Our failure to enforce any provision of these Terms shall not be construed as a waiver of our right to enforce it in the future.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time, including in connection with a merger, acquisition, or sale of assets.
We will not be liable for any failure or delay in the performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, internet outages, or third-party service failures.
Except as provided in Section 18.1 (Apple), these Terms do not create any third-party beneficiary rights.
These Terms are written in English. Where we provide translations for convenience, the English version controls in the event of any conflict.
If you have questions about these Terms and Conditions, or if you need to report a violation, please contact us:
Gurnser Limited (trading as Gymzer)
11 Mary Street, Mt Eden, Auckland, New Zealand
Email: [email protected]
These Terms and Conditions were prepared based on the features and data practices of the Gymzer application as of the date above. This document is intended as a good-faith effort to disclose the app's practices but does not constitute formal legal advice. For your jurisdiction's specific requirements, we recommend having these documents reviewed by a qualified solicitor or attorney.
Gymzer is a product of Gurnser Limited | 11 Mary Street, Mt Eden, Auckland, New Zealand | [email protected]
© 2026 Gurnser Limited. All rights reserved.